Chapter 13 Bankruptcy Statistics

July 20, 2010 10:34pm EST 
Chapter 13 Bankruptcy Statistics

While the decision to file Chapter 13 bankruptcy may be encouraged by the U.S. Courts relative to other options, just the same, this is not a wholesale endorsement on the part of the federal government. In the wake of the creation of the chapter via the Bankruptcy Reform Act of 1978 that made it easier to apply for relief, as well as the considerable amounts of consumer debt that naturally pile up, people moved to file Chapter 13 at consistently high rates. Consequently, policymakers saw fit to make it harder to file Chapter 13 bankruptcy (among other things) in the enacting the Bankruptcy Abuse Prevention and Consumer Protection Act in 2005. Buttressed by an ailing economy, though, numbers of those who file Chapter 13 today are yet quite high. Some notes about current statistical trends in Chapter 13 filings:

·         In all, individual bankruptcy petitions (that is, petitions by individuals) account for their majority, but even though Chapter 13 is devoted to reorganization and rehabilitation in a way that is meant to be an incentive to file Chapter 13 bankruptcy, more people still opt for Chapter 7 liquidation proceedings. As a matter of fact, according to the data, they much prefer it. In the fiscal year 2009, nearly 950,000 cases were processed by bankruptcy courts for non-business Chapter 7 applications, while less than 400,000 people decided to file Chapter 13 in the same time span.

·         Even if the numbers are relatively low for individuals who file Chapter 13 compared to Chapter 7, Chapter 13 bankruptcy is still responsible for the second most bankruptcy cases in the United States. In addition, as of late, the rates of those who file Chapter 13 bankruptcy are climbing year by year. Only in 2006, applications for Chapter 13 bankruptcy totaled less than 300,000, and if trends continue will extend above 400,000. The redeeming idea in all of this is that filings under Chapter 13 are not increasing as rapidly as with other forms of bankruptcy (e.g. Chapter 11).

·         Statistical analysis on a regional front reveals other ways in which Chapter 13 distinguishes itself from other divisions of the Bankruptcy Code. While the "norm" usually indicates that most domestic bankruptcy cases are handled by the Ninth District Court (California et al.), more people file Chapter 13 with the Eleventh Circuit Court (Alabama, Florida, Georgia) than other. As for the lowest figures, while the First Circuit Court (i.e. New England) usually has this honor, for individuals who file Chapter 13 bankruptcy, it is instead the Second Circuit Court (Connecticut, New York, Vermont) that earns this prize, though the First is not far off.

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